Pottstown store owners to be tried separately from driver charged in fatal crash

NORRISTOWN — The co-owners of a Pottstown store accused of allowing synthetic marijuana to be sold from the store have won their bids to bar prosecutors from combining their trials with that of a man who was involved in a double-fatal crash after allegedly using the drug.

Rafie L. Ali, 34, of the 400 block of East High Street, and Mohamed K. Himed, 25, of the Bronx, N.Y., co-owners of the Achi Store at 315 E. High St., will not stand trial with Roger Tracy Malloy, the alleged driver of the vehicle involved in the double-fatal wreck, according to an order signed Monday by Montgomery County Judge Steven T. O’Neill.

O’Neill’s decision to sever the trials of the store owners and Malloy was based on arguments put forth by defense lawyers and prosecutors during a pretrial hearing last month. O’Neill issued the order without elaborating further about his decision.

“I believe it is the correct decision,” said defense lawyer James P. Lyons, who represents Ali, reacting to O’Neill’s decision. “There really was no reason, no basis in law or fact, to consolidate these cases.”

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During a hearing in December, Ali and Himed, through their lawyers, claimed combining their trials with that of Malloy would be prejudicial to them.

Lyons and defense lawyer Lawrence Fisher, who represents Himed, argued to O’Neill that their clients have not been charged with any vehicular homicide-related crimes and that evidence of the fatal crash would only prejudice jurors against Ali and Himed to the point they couldn’t receive a fair trial. The lawyers argued the alleged connection between the store and the fatal crash is “tenuous.”

Fisher argued that linking the fatal crash evidence to the drug delivery-related charges lodged against Himed and Ali would “taint” the jury and “bias” jurors against the store owners.

First Assistant District Attorney Kevin R. Steele had moved to combine the trials of Ali and Himed with that of Malloy, arguing blood evidence of Malloy’s alleged K2 use and evidence of remnants of K2 allegedly found in Malloy’s car are elements of the drug delivery-related charges lodged against the store owners.

Steele maintained a jury weighing the charges against Ali and Himed should be allowed to hear about alleged evidence found at the scene of the crash and about blood evidence of Malloy’s alleged K2 use.

Ali and Himed each is charged with corrupt organizations, delivery of a controlled substance, and possession with intent to deliver a controlled substance for their alleged roles in the sale of synthetic marijuana, or K2, on May 21 and May 22.

The arrests of Ali and Himed were an outgrowth of the investigation of an 11:30 p.m. May 21 double-fatal wreck on State Street between Ninth and 10th streets in Pottstown. Authorities alleged the driver of the vehicle, Malloy, 27, of Pottstown, was driving under the influence of K2, which had been purchased at the Achi Store, at the time of the fatal crash.

Under existing state laws, authorities could not charge Ali or Himed with homicide-related charges in connection with the alleged drug sales and their alleged link to the fatal crash.

However, the arrests mark the first time that a store owner has been charged in Montgomery County with selling K2, under a state law that went into effect last August and criminalized such activity.

When authorities learned that the K2 Malloy smoked was allegedly purchased at the Achi Store, they launched an undercover investigation during which an officer purchased two containers of K2 from the store on May 22. One package was labeled “Dead Man,” and the other “Power Diesel,” according to court papers.

Armed with a search warrant, authorities subsequently seized more than 30 vials of K2, more than 30 crack pipes, 13 bowls used for smoking marijuana, more than $1,000 cash and a handgun, according to court papers.

K2 is a Schedule I synthetic cannabinoid, which is believed to mimic the effects of cannabis. A Schedule I drug is one that currently has no legitimate medical purpose under Pennsylvania law and has a high potential for abuse.

Malloy, of the 300 block of North York Street, is charged with vehicular homicide while driving under the influence of a controlled substance in connection with the crash that claimed the lives of James N. Crawford, 28, of Pottstown, who was Malloy’s housemate, and Rachael Witt, 15, a ninth-grade student at Pottstown High School, passengers in the gold Lincoln Continental allegedly operated by Malloy.

About the Author

Carl Hessler Jr. writes about crime and justice at the Montgomery County Courthouse for The Mercury and 21st Century Media Newspaper’s Greater Philadelphia area publications. A native of Reading, he studied at Penn State University and Kutztown University before graduating from Alvernia University with a degree in communications. He is a recipient of a National Headliner Award and has been honored for his writing by the Keystone Press Association, Philadelphia Press Association, Society of Professional Journalists and the Associated Press Managing Editors of Pennsylvania. Reach the author at chessler@pottsmerc.com
or follow Carl on Twitter: @MontcoCourtNews.